[Federal Register Volume 69, Number 190 (Friday, October 1, 2004)]
[Notices]
[Pages 58879-58882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22029]


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DEPARTMENT OF AGRICULTURE


Environmental Impact Statement on Watershed Planning and 
Implementation of Resource Protection Measures for the Marmaton 
Watershed Located in Allen, Bourbon, and Crawford Counties, KS

AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Notice of intent (NOI).

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SUMMARY: Pursuant to the National Environmental Policy Act (NEPA) of 
1969 (42 U.S.C. 4321 et seq.), the U.S. Department of Agriculture 
(USDA), Natural Resources Conservation Service (NRCS), Kansas State 
Office, announces its intention to prepare an environmental impact 
statement (EIS) to evaluate the impacts of resource protection measures 
that would be employed under potential alternatives within a watershed 
plan in the Marmaton Watershed (located in Allen County, Bourbon County 
and Crawford County, all in Kansas). A plan would be developed to 
reduce risks to life and property caused by frequent flooding of 
communities and agricultural lands, improve water quality, and address 
watershed protection needs. The EIS will analyze the potential 
environmental and socioeconomic impacts of alternatives in a watershed 
plan, as identified in the watershed planning/NEPA process, including 
any structural and non-structural measures that would address resource 
concerns in the Marmaton Watershed.
    The purpose of this notice is to request participation and invite 
comments from all those individuals and organizations interested in the 
development of the EIS.
    Under a watershed plan, the NRCS would provide financial and 
technical assistance to sponsoring local organizations, including the 
Allen County Conservation District, the Bourbon County Conservation 
District, the Crawford County Conservation District, and the Marmaton 
Watershed District, for installation of structural and/or non-
structural measures to prevent flooding, improve water quality, and 
protect the watershed throughout the described area. The EIS analysis 
will incorporate mitigation measures the NRCS would use to minimize, to 
the greatest extent practicable, any potential adverse environmental or

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socioeconomic impacts. Such measures are authorized under the Watershed 
Protection and Flood Prevention Act of 1954, Public Law 83-566 (P.L.-
566).
    Public Participation: The NRCS invites full public participation to 
promote open communication and better decision making. All persons and 
organizations that have an interest in the Marmaton River and its 
tributaries with flooding problems and natural resource issues within 
the Marmaton Watershed as they affect Allen, Crawford, and Bourbon 
Counties are urged to participate in the NEPA environmental analysis 
process. Assistance will be provided as necessary to anyone having 
difficulty in determining how to participate. A public participation 
plan has been developed and will be followed.
    Public comments are welcomed throughout the NEPA process. 
Opportunities for public participation include: (1) The EIS scoping 
period when comments on the NRCS proposal will be solicited through 
various media and at a public meeting to be held in Uniontown, Kansas, 
November 4, 2004; (2) the 45-day review and comment period for the 
published Draft EIS; and (3) for 30 days after publication of the Final 
EIS.
    Scoping Process: Public participation is requested throughout the 
scoping process. The NRCS is soliciting comments from the public 
indicating what issues and impacts the public believes should be 
encompassed within the scope of the EIS analysis, voicing any concerns 
they might have about the identified resource protection measures, and 
submitting any ideas they might have for addressing risks to life and 
property in the Marmaton Watershed. Other opportunities for public 
input include: (1) once the Notice of Availability (NOA) of the Draft 
EIS is published in the Federal Register, comments will be accepted on 
the Draft EIS for a period of not less than 45 days, and (2) once the 
Final EIS is published in the Federal Register, comments will be 
accepted for a period of not less than 30 days. The NRCS will provide a 
written response to each comment provided and will evaluate the issues 
presented for study and possible inclusion in the EIS. The public 
participation plan describes responsibilities and outreach 
opportunities in this process.
    Date Scoping Comments are Due: Comments may be submitted by regular 
mail, telephone, facsimile, or e-mail until 5 p.m. CST, November 19, 
2004. Written comments submitted by regular mail should be postmarked 
by November 19, 2004, to ensure full consideration. (Note: scoping 
period will continue for a period of 45 calendar days after issuance 
date of this NOI.) Comments postmarked after this date will be 
considered to the extent practicable.

ADDRESSES: Comments on what the public wishes to be analyzed or 
addressed within the Draft EIS should be mailed to: Dean Krehbiel, 
Marmaton Watershed EIS, 760 South Broadway, Salina, Kansas 67401-4604.
    Comments may also be submitted by calling (785) 823-4551, by 
sending a facsimile to (785) 823-4540, or by e-mail to 
[email protected]. Respondents should provide mailing address 
information and indication of wanting to be included on the EIS mailing 
list. All individuals on the mailing list will receive a copy of the 
Draft EIS.
    Scoping Meeting: A public scoping meeting will be held November 4, 
2004, to provide information on the watershed and planning activities 
performed to date, to give the opportunity to discuss the issues and 
alternatives that should be covered in the Draft EIS, and to receive 
oral and written comments. The meeting will be held from 1 p.m. to 3 
p.m. at the Uniontown Community Center, Uniontown, Kansas.

FOR FURTHER INFORMATION CONTACT: An information package providing 
additional details about the watershed and proposed project is 
available upon request. Requests should be directed to the same mailing 
address, telephone number, facsimile number, or e-mail address noted 
above under ADDRESSES. The NRCS and the Marmaton Watershed District 
plan to publish a newsletter to keep interested parties up to date on 
the project. Requests to be included on the newsletter mailing list 
should be made to the same addresses noted above; please include an e-
mail address if wanting electronic transmission. Information may also 
be obtained from the Kansas NRCS Web site at: http://www.ks.nrcs.usda.gov.
    Responsible Official: Harold L. Klaege, State Conservationist, 
NRCS, Salina, Kansas, is the responsible official for this action.
    Decisions to be Made: The responsible NRCS official will decide 
whether to approve an alternative action or no action.

SUPPLEMENTARY INFORMATION: 
    Background: The Marmaton River is a permanent stream within the 
Marais de Cygnes river basin in eastern Kansas. The Marmaton River 
flows eastwardly from its origins near Moran, Kansas, through the 
community of Fort Scott, Kansas, to its confluence with Dry Wood Creek 
near Deerfield, Missouri. The Marmaton Watershed encompasses 210,001 
acres, which includes all of the Marmaton River drainage above the Mill 
Creek confluence near Fort Scott, Kansas. This drainage area lies 
within the Cherokee Prairies and the Scarped Osage Plains land resource 
areas. This area consists of slightly dissected plains interrupted by a 
series of low ridges formed by east-facing escarpments ranging from 770 
feet above mean sea level to 1,110 feet at its headwaters. Between the 
escarpments are flat to rolling plains as a result of the differential 
weathering of shale and limestone.
    The major water resource problems in the Marmaton Watershed can be 
summarized as serious flooding, water quality, and water quantity 
conditions. Total annual rainfall in the watershed averages about 40 
inches. Two years in 10 will have less than 31 inches or more than 46 
inches. Frequent floods are common, occurring two and one-half to three 
times per year. Major flood events in October 1986 and in October 1998 
each caused damages in excess of $5.5 million. Included in these 
damages are $2.3 million to agricultural land and buildings, rural 
roads and bridges, and scour within the boundaries of the Marmaton 
Watershed District. Outside the district boundaries, urban damages to 
Fort Scott, Kansas, were in excess of $3.2 million from each flood. 
Although Fort Scott has been re-zoned to reduce flood damages since the 
1998 flood, flooding remains a concern to the citizens of that 
community. Other concerns identified in planning include deterioration 
of cropland soil quality, deterioration of grazing land condition and 
productivity, degradation of riparian woodland and wetland, and 
nutrient and pesticide management issues.
    In 1992, sponsoring local organizations (Allen County Conservation 
District, Bourbon County Conservation District, Crawford County 
Conservation District, and the Marmaton Watershed District) requested 
assistance from the NRCS in development of a Soil and Water Resources 
Plan for the Marmaton Watershed, with major emphasis on providing flood 
protection for agriculture, businesses, homes, and roads located along 
the floodplain. A preliminary ecosystem-based resource plan 
(preliminary watershed plan) developed in 1999, described existing 
floodwater damages, additional resource concerns, and two alternatives 
for addressing these concerns.
    In 2004, NRCS representatives met with local sponsors and public 
officials

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to discuss planning efforts to detail a flood protection analysis, 
watershed protection strategies, and water quality improvements. The 
resource protection measures within the Draft EIS will include those 
structures evaluated in the 1999 report that provided substantial flood 
protection and also met applicable benefit-cost criteria, as well as 
other non-structural alternatives that will address local 
environmental, social, and economic needs.
    P.L.-566 authorizes the NRCS to provide financial and technical 
assistance to local sponsors to address local flooding problems and 
implement watershed protection measures. Under the agency proposal for 
the Marmaton Watershed, the NRCS would provide financial and technical 
assistance to the sponsors to install measures that will address 
resource concerns within the watershed. The sponsors would be 
responsible for operation and maintenance of those works of 
improvements.
    Need for the Proposal: The proposal is needed to address the 
problems associated with recurrent flooding, water quality, water 
quantity, and other natural resources. Recurrent flooding due to 
periodic intense rainstorm events within the Marmaton Watershed 
continue to pose a hazard to human safety and cause extensive flood 
damage to properties along the river.
    Purpose of the Proposal: The purpose of the proposal is to assist 
the local community in taking appropriate measures to assure public 
safety and protect property in the face of the recurrent flooding 
problems, improve water quality concerns, and address watershed 
protection concerns within the watershed.
    Preliminary Issues: Among the issues that the NRCS plans to 
consider in the scope of the EIS analysis are:
     Environmental, economic, and social impacts of the 
alternatives.
     Environmental issues dealing with water quality that might 
be affected.
     Environmental integrity of the any works of improvement.
     Costs and benefits of the alternatives.
    Preliminary Alternatives: The EIS will analyze the potential 
environmental and socioeconomic impacts of a range of alternatives, 
including structural and non-structural measures, for reducing risks to 
life and property presented by Marmaton River flooding and other 
watershed protection concerns. This analysis will be summarized in a 
Draft EIS. The preliminary list of alternatives for the Draft EIS 
includes: (1) Constructing 48 flood-retarding dams in the watershed; 
(2) using non-structural flood protection measures to reduce the 
potential for damage and address resource concerns; (3) using land 
treatment measures to control flooding, reduce damages, and address 
resource concerns; and (4) taking ``No Action''--making no improvements 
for flood protection. The alternatives will be refined and 
supplemented, as appropriate, based on input by the public and agencies 
during the public scoping process.

Alternative 1--Evaluate Installation of 48 Flood-Retarding Structures 
(FRS)

    Under this alternative, the NRCS would evaluate the construction of 
48 earthen dams on tributaries of the Marmaton River. The FRS would be 
located throughout the watershed on intermittent streams.

Alternative 2--Employ Non-Structural Flood Protection Measures

    Under this alternative, the NRCS would evaluate non-structural 
measures that would reduce the potential for damage by controlling 
flooding, protection or removal of affected structures, and addressing 
watershed protection concerns.

Alternative 3--Employ Land Treatment Measures

    Under this alternative, the NRCS will evaluate the effect of land 
treatment on the watershed to determine what practices and management 
will be needed to control flooding and address watershed protection 
concerns.

Alternative 4--``No Action'' Alternative

    Under this alternative, the NRCS would provide no financial or 
technical assistance to sponsoring local organizations for flood 
protection measures in the Marmaton Watershed. Federal agencies are 
required to evaluate the impacts of a ``No Action'' alternative in 
preparing an EIS, even though the alternative would not meet the 
agency's purpose and need.
    Permits or Licenses Required: Construction of flood retarding 
structures is authorized under P.L.-566 administered by the NRCS. A 
permit would be required from the U.S. Army Corps of Engineers under 
the Clean Water Act (CWA), Section 404 for any project that would 
impede the flow of waters of the United States or that would affect any 
wetlands. A permit would be required from the State of Kansas, Division 
of Water Resources, for any dam structures or structural works 
installed in the flood plain. The State of Kansas, Department of Health 
and Environment would require a Construction Stormwater Permit and 
subsequent stormwater pollution prevention plan. A structural project 
may also require a National Pollution and Discharge Elimination System 
(NPDES) water quality certification by the State under CWA, Section 
401, which could be issued in conjunction with the CWA 404 permit. 
Approval from the State Historic Preservation Office would be required 
if any National Register-eligible historic properties would be 
affected. Consultation with the U.S. Fish and Wildlife Service would be 
required if the proposal may affect any species listed as threatened or 
endangered under the Endangered Species Act.
    Estimated Dates for Draft EIS and Final EIS: The NRCS expects to 
file the Draft EIS with the Environmental Protection Agency (EPA) and 
to have it available for public review and comment during the fall or 
winter of 2005-2006. At that time, EPA will publish a Notice of 
Availability (NOA) of the Draft EIS in the Federal Register. The public 
comment period on the Draft EIS will be a minimum of 45 days from the 
date the EPA publishes the NOA.
    The NRCS and the sponsors believe, at this early stage, it is 
important to give reviewers notice of several court rulings related to 
public participation in the environmental review process. First, 
reviewers of the Draft EIS must structure their participation in the 
environmental review of the proposal so that it is meaningful and 
alerts an agency to the reviewer's position and concerns (Vermont 
Yankee Nuclear Power Corp. v. NRDC, 435 U.S. 519, 553 (1978)). In 
addition, environmental objections that could be raised at the Draft 
EIS stage, but are not raised until after completion of the Final EIS, 
may be waived or dismissed by the courts (City of Angoon v. Hodel, 803 
F.2d 1016, 1022 (9th Cir. 1986) and Wisconsin Heritages, Inc. v. 
Harris, 490 F. Supp. 1334, 1338 (E.D. Wis. 1980)). Because of these 
court rulings, it is very important that those interested in this 
project participate by the close of the Draft EIS review period, so 
that substantive comments are made available to the NRCS at a time when 
the comments can be meaningfully considered in the Final EIS.
    To assist the NRCS and the sponsors in identifying and considering 
issues and concerns on the proposed alternatives, comments on the Draft 
EIS should be as specific as possible. It is also helpful if comments 
refer to specific pages or chapters of the Draft EIS. Comments may also 
address the adequacy of the Draft EIS or the merits of the alternatives 
formulated and discussed in the Draft EIS. Reviewers may wish to refer 
to the Council on

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Environmental Quality Regulations for implementing the procedural 
provisions of the National Environmental Policy Act at 40 CFR 153.3 in 
addressing these points.
    After the comment period on the Draft EIS ends, the comments will 
be analyzed, considered, and responded to by the NRCS in preparing the 
Final EIS. The Final EIS is scheduled for completion by the spring of 
2006. The responsible officials will consider the comments, responses, 
environmental consequences discussed in the Final EIS, and applicable 
laws, regulations, and policies in making a decision regarding this 
proposed action. The responsible officials will document the decisions 
and reasons for the decisions in a Record of Decision. That decision 
will be subject to appeal in accordance with 36 CFR part 215.

    Dated: September 24, 2004.
Harold L. Klaege,
State Conservationist.
[FR Doc. 04-22029 Filed 9-30-04; 8:45 am]
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